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(영문) 인천지방법원 2015.10.21 2015고단5037
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 25, 2015, the Defendant, at around 12:20, 12:20, she was driven by the Victim C (the age of 52) and was seated at the rear seat of a metropolitan bus No. 1000, and tried to stop three times from the back of the Victim’s bus stop located in Mapo-gu Seoul Metropolitan Government. The Defendant stated, “I am “I am hick due to why the air-conditioner is broken????????????????????????????????????????????????????????????????????????????????????????????????????????????????

Accordingly, the defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where he/she assaults a driver of a motor vehicle in operation (type 1) in the basic area (type 1 to 10 months), the basic area (type 2 to 10 months), the punishment of a person who is not subject to special mitigation (including a serious effort to recover damage), or considerable damage has been restored / The scope of the recommended sentence according to the sentencing guidelines / Where he/she assaults a driver of a motor vehicle in operation;

2. An act of assaulting a bus driver who is driving a decision on the sentence of punishment shall choose imprisonment with prison labor because of high risk, but the defendant shall be sentenced to imprisonment with prison labor, considering the fact that the defendant led to the crime in this case and is against himself, the fact that the victim and the victim have agreed smoothly, the age, character and conduct, environment of the defendant, motive and circumstance leading to the crime in this case, circumstances after the crime, etc.

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